PHC breaks political impasse in K-P

Kundi ordered to administer oath to Afridi today

PESHAWAR:

The Peshawar High Court (PHC) on Tuesday brought an end to the political and constitutional standoff in Khyber-Pakhtunkhwa (K-P), directing Governor Faisal Karim Kundi to administer the oath of office to Chief Minister-elect Sohai Khan Afridi by 4 pm Wednesday (today).

The PHC ruling, reserved earlier in the day and later issued in writing, said that if the governor failed to do so, the provincial assembly speaker, Babar Saleem Swati, would perform the oath-taking instead.

The verdict came amid days of political wrangling following the resignation of former chief minister Ali Amin Gandapur and the election of Afridi as the new chief executive in a session on Monday boycotted by opposition parties.

A PHC bench headed by Chief Justice SM Atiq Shah ruled that delaying the swearing-in would create a constitutional vacuum. The court invoked Article 255(2) of the Constitution, which allows an alternative official to administer the oath when the designated authority is unavailable.

During the hearing, Additional Attorney General Sanaullah informed the court that the governor was in Karachi and expected to return by 2pm Wednesday, adding that he had called former chief minister Gandapur at 3pm to verify his resignation.

Advocate Amir Javed, the counsel for the governor, maintained that under constitutional procedure, the resignation of one chief minister must be accepted first before the next could assume charge.

Chief Justice Shah, however, observed that Gandapur had publicly announced his resignation on the provincial assembly floor and had even cast his vote in favour of his successor. Earlier, he noted, Speaker Swati issued the election schedule and multiple candidates, including opposition members, had submitted nomination papers before the vote.

Advocate Salman Akram Raja, representing the petitioners, argued that the governor's objections to the signature discrepancies were irrelevant after Gandapur himself confirmed his resignation in the assembly. "Once he acknowledged it, the question of authenticity no longer remains."

The PHC observed that, according to Article 130(5), the office of the chief minister stood vacant once the incumbent resigned, and thus the newly elected chief minister must immediately take oath. It stated that the governor's absence could not be used as an excuse to delay the process.

In its nine-page written verdict, the court said the order was necessary to uphold constitutional supremacy and prevent administrative paralysis in the province.

The political deadlock began after Gandapur resigned on October 8 on the direction of PTI founder Imran Khan. The governor refused to accept the resignation, citing discrepancies in signatures, which the PTI called a delaying tactic.

Despite the impasse, PTI proceeded with the assembly session, during which Sohail Afridi secured 90 votes to become the new chief minister. The opposition parties boycotted the session, and their candidates received no votes.

Governor Kundi, speaking from Karachi, told reporters that he had never refused to administer the oath and was prepared to return to Peshawar. "I have requested the Sindh chief minister for his plane," he said, affirming that he would fulfil his constitutional duty.

Following the announcement of the verdict, PTI supporters and lawyers, who had gathered outside the court, chanted slogans in favour of their party and the judiciary. PTI leader Junaid Akbar said the judgment had restored their constitutional rights.

Describing the ruling as both a political and legal victory for the party, he said, "We trusted the judiciary, and today that trust has been justified." He urged the opposition parties not to obstruct the democratic process.

Speaking on the occasion, former National Assembly speaker Asad Qaiser termed the PHC ruling a triumph for the rule of law. "This is a merit-based and bold decision," he told reporters, expressing confidence that Afridi would now focus on governance. "The province faces security and development challenges —political stability is essential to address them," he added.

Meanwhile, the opposition Jamiat Ulema-e-Islam-Fazl (JUI-F) filed a separate petition in the PHC challenging the election of Afridi. Terming the election unconstitutional, the petition argued that the assembly session and election were illegal because the governor had not yet accepted Gandapur's resignation.

A two-member PHC bench, comprising Justice Syed Arshad Ali and Justice Waqar Ahmad heard the petition and adjourned proceedings until Wednesday (today) due to the absence of the petitioner's counsel.

(WITH INPUT FROM APP)